A.P. govt. refuses to defend Centre’s changes to trans rights law in court, Pg8

Key Highlights:

• The Andhra Pradesh government, in an affidavit to the Supreme Court, refused to defend the Centre’s 2026 amendments to the Transgender Persons (Protection of Rights) Act.
• The amendments removed provisions guaranteeing the right to "self-perceived gender identity" and limited the definition of a transgender person to physiological characteristics.
• The State asserted that the constitutional validity of the law is primarily a matter for the Union of India.
• These amendments triggered widespread protests and led to resignations from the National Council for Transgender Persons.

Detailed Insights:

• The Supreme Court is currently reviewing multiple petitions challenging the legality of the amended law.
• The original Transgender Persons (Protection of Rights) Act, 2019, recognized the right of transgender individuals to self-identify their gender.
• The landmark NALSA judgment of 2014 by the Supreme Court had affirmed self-identification of gender identity as a fundamental right.
• The National Council for Transgender Persons was established under the 2019 Act to advise the Central Government on policies and monitor programs for the transgender community.
• In contrast to Andhra Pradesh, the BJP-ruled Uttarakhand government has defended the 2026 amendments, stating they have not diluted transgender rights.
• Opposition Members of Parliament had objected to the amendments, arguing they undermine constitutional morality and dignity by removing the right to self-determination.

Key Concepts Involved:

• Transgender Persons (Protection of Rights) Act, 2019: An Indian law enacted to protect the rights of transgender persons, prohibiting discrimination and recognizing their identity.
• NALSA judgment (2014): A landmark Supreme Court ruling that recognized transgender persons as the 'third gender' and affirmed their right to self-identification of gender.
• National Council for Transgender Persons: A statutory body established under the 2019 Act to advise the government on transgender-related policies and address grievances.
• Self-perceived gender identity: The right of an individual to identify their own gender, irrespective of the sex assigned at birth.